In the cases discussed in H‑III, 4.2, to H‑III, 4.4, an application or a patent may contain a different set of claims (and descriptions) for different contracting states (also see G‑IV, 6). For examination and opposition proceedings, see H‑III, 4.1, to H‑III, 4.4; for limitation proceedings, see D‑X, 10.
It is not possible to have different text in respect of extension or validation states, as the relevant provisions allowing an exception to the principle of unity of the European patent application/patent relate only to EPC contracting states. However, where there are different text versions for the contracting states, the applicant may determine which one applies to the respective extension/validation state.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/h_iii_4.htm
Date retrieved: 17 May 2021
11 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
XGL H III 4.2 Different text in respect of the state of the art according to Art. 54(3) EPC and Art. 54(4) EPC 1973